You need to slow down and reconsider your position. This quote, which you use to make your point in #236, is the exact same quote I used in #233 that you rejected in #234.
No. As I have said over and over it is about justice. What you call judgmentalism is nothing more than a failure to render a just judgment. Our difference is over whether the death penalty can ever be considered just. My complaint with 2267 is that it never even asks the question, let alone answers it; this section cannot be considered the final word on a subject it doesn’t even address.
Ender
Ok,
I agree that your witnesses seem to equate judgement with justice, but read carefully, it is just and merciful, and BENEVOLENT judgement they equate with justice.
The essence of ‘making the punishment fit the crime’ is that the target of the policy must be rational, and certain of judgement.
Thus such a policy can be made applicable to crime which is fairly easily policed, and which is committed by habitual, or professional villains.
Petty thieves, shop-lifters, and burglars come under this heading.
Strangely though, even against this best of targets, there is a high degree of recidavism, indicating that even amongst targets taking a second and third bite at the cherry, deterrance is not truely effective.
The vast majority of killings are either acts of passion, acts of insanity, or accidental results of over-reaction in circumstances which may or may not be criminal.
Such are totally unresponsive to deterrance, except that it might be possible to pursuade villains to go about their business un-tooled, so that accidental over-reaction will be less likely to have fatal results.
Whether or not you like the idea, the majority of punitive systems now, primarily concern themselves with protection of society, rather that with aspects of atonement.
Regimes aimed at atonement often resulted in reducing the offender to insanity, so were abandoned as inhumane, thus deterrance and re-education is what most regimes have fallen back on.
So in these regimes, there is an appearance of punishment fitting the crime, but this is not for reasons of atonement, but to keep a nuisence out of circulation, and if possible, to re-educate him.
Any deterrant consideration is a bonus.
So in your sense of justice, there is none.
Neither can there be, for the only way to put your understanding of justice into the punishment regime, is by using inhumane methods.
So what of killers?
The majority are either acts of passion, or insanity.
The latter often kill themselves after their spree of destruction, so clearly there is no deterrence there, but they solve their own problem, just do it a a rather messy way.
The former are often deeply repentant, and even suicidal. Not much of a further threat to society, more to be pitied than punished.
Prisoners will often tell you that drug addicts are more to be feared in jail than are convicted murderers.
The problem is that the best result seem to be counter intuitive, and contrary to atonement based ideas of justice.
There are no simple answers.